1.3.3.

(1) Except as permitted in Sentence 1.3.3.2.(1)v1, a person may occupy or permit to be occupied any building or part of it that has not been fully completed at the date of occupation where the chief building official or a person designated by the chief building official has issued a permit authorizing occupation of the building or part of it prior to its completion in accordance with Sentence (2).

(1.1) Sentence (1) does not apply in respect of the occupancy of a building to which Article 1.3.3.4. applies.

(2) The chief building official or a person designated by the chief building official shall issue a permit authorizing occupation of a building, where,

(a) the structure of the building or part of it is completed to the roof,

(b) the enclosing walls of the building or part of them are completed to the roof,

(c) the walls enclosing the space to be occupied are completed, including balcony guards,

(d) all required fire separations and closures are completed on all storeys to be occupied,

(e) all required exits are completed and fire separated including all doors, door hardware, self-closing devices, balustrades and handrails from the uppermost floor to be occupied down to grade level and below if an exit connects with lower storeys,

(f) all shafts including closures are completed to the floor-ceiling assembly above the storey to be occupied and have a temporary fire separation at such assembly,

(g) measures have been taken to prevent access to parts of the building and site that are incomplete or still under construction,

(h) floors, halls, lobbies and required means of egress are kept free of loose materials and other hazards,

(i) if service rooms should be in operation, required fire separations are completed and all closures installed,

(j) all building drains, building sewers, water systems, drainage systems and venting systems are complete and tested as operational for the storeys to be occupied,

(k) required lighting, heating and electrical supply are provided for the suites, rooms and common areas to be occupied,

(l) required lighting in corridors, stairways and exits is completed and operational up to and including all storeys to be occupied,

(m) required standpipe, sprinkler and fire alarm systems are complete and operational up to and including all storeys to be occupied, together with required pumper connections for such standpipes and sprinklers,

(n) required fire extinguishers have been installed on all storeys to be occupied,

(o) main garbage rooms, chutes and ancillary services thereto are completed to storeys to be occupied,

(p) required fire fighting access routes have been provided and are accessible, and

(q) the sewage system has been completed and is operational.

(3) Where a registered code agency has been appointed to perform the functions described in clause 4.1 (4) (b) or (c) of the Act in respect of the construction of the building, the chief building official or a person designated by the chief building official shall issue the permit referred to in Sentence (2) after receipt of a certificate for the occupancy of a building not fully completed issued by the registered code agency in respect of the building.

(1) A person may occupy or permit to be occupied a building intended for residential occupancy that has not been fully completed at the date of occupation provided that,

(a) the building,

(i) is of three or fewer storeys in building height and has a building area not exceeding 600 m²,

(ii) has not more than 1 dwelling unit above another dwelling unit,

(iii) has not more than 2 dwelling units sharing a common means of egress, and

(iv) has no accommodation for tourists,

(b) the following building components and systems are complete, operational and inspected:

(i) required exits, handrails and guards, fire alarm and detection systems, and fire separations,

(ii) required exhaust fume barriers and self-closing devices on doors between an attached or built-in garage and a dwelling unit, and

(iii) water supply, sewage disposal, lighting and heating systems,

(c) the following building components and systems are complete, operational, inspected and tested:

(i) water systems,

(ii) building drains and building sewers, and

(iii) drainage systems and venting systems, and

(d) where applicable, the building conforms to Article 3.1.1.3. or 9.1.1.7. of Division B.

(2) Sentence (1) does not apply in respect of the occupancy of a building to which Article 1.3.3.4. applies.

(1) Where a person has occupied or permitted the occupancy of a building under Article 1.3.3.1.v1 or 1.3.3.2.v1, such person shall notify the chief building official forthwith upon completion of the building.

(1) No person shall occupy or permit to be occupied a building described in Sentence (4), or part of it, unless the chief building official or a person designated by the chief building official has issued a permit authorizing occupation of the building or part of it in accordance with Sentence (5).

(2) This Article applies in respect of the occupancy of a building described in Sentence (4) if a permit for the construction of the building has been applied for after December 31, 2011.

(3) This Article does not apply in respect of the occupancy of an existing building, or part of it, that has been subject to extension or material alteration or repair.

(4) A building referred to in Sentence (1) is a building intended for residential occupancy that,

(a) is of three or fewer storeys in building height and has a building area not exceeding 600 m²,

(b) has no accommodation for tourists,

(c) does not have a dwelling unit above another dwelling unit, and

(d) does not have any dwelling units sharing a common means of egress.

(5) The chief building official or a person designated by the chief building official shall issue a permit authorizing occupation of a building described in Sentence (4), where,

(a) the structure of the building with respect to the dwelling unit to be occupied is substantially complete and ready to be used for its intended purpose,

(b) the building envelope, including, but not limited to, cladding, roofing, windows, doors, assemblies requiring fire-resistance ratings, closures, insulation, vapour barriers and air barriers, with respect to the dwelling unit to be occupied, is substantially complete,

(c) the walls enclosing the dwelling unit to be occupied conform to Sentence 9.25.2.3.(7) of Division B,

(d) site grading with respect to the building is substantially complete,

(e) required electrical supply is provided for the dwelling unit to be occupied,

(f) required fire fighting access routes to the building have been provided and are accessible,

(g) the following building components and systems are complete and operational for the dwelling unit to be occupied:

(i) required exits, floor access and egress systems, handrails, guards, smoke alarms, carbon monoxide detectors and fire separations, including, but not limited to, fire stopping,

(ii) required exhaust fume barriers and self-closing devices on doors between an attached or built-in garage and the dwelling unit, and

(iii) water supply, sewage disposal, lighting and heating systems,

(h) the following building components and systems are complete, operational and tested for the dwelling unit to be occupied:

(i) water system,

(ii) building drain and building sewer, and

(iii) drainage system and venting system,

(i) required plumbing fixtures in the dwelling unit to be occupied are substantially complete and operational, and

(j) where applicable, the building conforms to Article 9.1.1.7. of Division B with respect to the dwelling unit to be occupied.

(6) Where a registered code agency has been appointed to perform the functions described in clause 4.1 (4) (b) or (c) of the Act in respect of the construction of a building described in Sentence (4), the chief building official or a person designated by the chief building official shall issue the permit referred to in Sentence (5) after receipt of a certificate for the occupancy of a building described in Sentence 1.3.3.4.(4) of Division C issued by the registered code agency in respect of the building.